B. Shifting the focus away from the violent pushback of the 38: Stigmatization, Targeting, Intimidation In August 2022, the case of the 38 Syrians (described in detail above, and in particular in Chapter E. The Pushback Case of the 38 Syrians stranded on an Evros islet divided by a Greek- Turkish border line, p. xx), attracted significant media publicity. The legal organizations, GCR and HR360, that took the case to the ECtHR are heavily intimidated and targeted by the Greek authorities. The Ministry of Migration and Asylum systematically used the “case of the 38” in order to fuel the already heavily polarized public discussion on the issue of the management of the arrivals of asylum seekers in Greece with press releases, interviews and statements before the Greek Parliament. The Ministry focused its attention on whether the islet where the asylum seekers were stranded was Greek or Turkish territory, and whether a child had died on the islet or not, amid ongoing controversy over the child’s alleged existence and death (see p. xx). However, in its essence, the case of the 38 remains a pushback case - illegal under international and EU law. The Greek State tries to conceal this in the public debate, by shifting the focus from the main issue - the Greek State’s responsibility for the violent pushback operations - to discrediting those who filed interim measures before the ECtHR. To this day, the Government continues to question the role of these organizations. 80 In particular, the government officials through their public statements directly targeted GCR and HR360, the organizations that operate at the Greek-Turkish borders providing legal assistance to newly-arrived asylum seekers, describing NGOs as collaborating with smuggling networks, or with the Turkish authorities operating against Greek national interests. 81 The current president of GCR was linked with the opposition party, attributing in this way hidden political motives to the work of legal aid organizations before the ECtHR. “First, the smugglers, or even the Turkish authorities transfer migrants to the Turkish shore and then they move them in the river, before the fence that protects the Greek borders. The collaborating NGOs already have their personal information in detail as well as further supportive material. In order to achieve a positive decision on interim measures the “story” has to include two elements: Risk of stranding and one or more serious health issues. The NGOs appeal before the ECtHR and then international media, where journalists who, according to their AL GRC 2/2022, 19 July 2022, with reference to previous mandates (GRC 2/2022, GRC 4/2021, GRC 1/2021 and GRC 2/2020) communicated to the Greek Government. See indicatively said statements: Hellenic Republic, Ministry of Migration and Asylum, Notis Mitarakis: Someone organized the 38 of Evros and then left in an unknown direction, 24 September 2022, (in Greek): https:// bit.ly/3RbDzFz 80 81 The overall offensive and arbitrary references to supposedly humanitarian facades, to organizations collaborating with smugglers or with the Turkish authorities had been early on addressed with a Statement that was issued by GCR Board of Directors, GCR, Statement by the Board of Directors of the Greek Council for Refugees, 31 August 2022, available at: http://bit.ly/3ASRhrU AT EUROPE’S BORDERS: BETWEEN IMPUNITY AND CRIMINALIZATION 43

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